Sentences with phrase «english court»

On 21 October 2016, at the insistence of the Claimants, the KRG undertook, in a letter from Wilmer Hale: «neither to assert nor to rely on any of the grounds relied on as the basis of its s. 68 application in any subsequent proceedings whatever relating to the award, whether in this jurisdiction or anywhere else in the world, and whether in relation to the enforcement of the award or otherwise in relation to the award, without the permission of the English Court».

The English Court of Appeal in that case recognised that immunity from execution fell into a different category from immunity from suit, as has been recognised historically by the common law courts in different jurisdictions.

With hire continuing to rack up day by day due to the vessel's owners, and no indication that the voyage charterer was ever going to make payment of the sums due, the time charterer sought an order from the English Court authorising it to sell the cargo for and on behalf of whoever was interested in it.

It is only now paying instalments of the sums ordered by the English Court in enforcement of the peremptory order, which sums fall to be set off against the Second PFA.

The English Court will automatically have jurisdiction over a defendant who is domiciled outside the European Union if the defendant can be served with the claim form while in England.

Ms. Romanova sought a declaration from the English Court that she had not been validly served and denied that she had been summoned to the Russian Court.

As Russia has opted out of allowing service by post under the Convention, service is effected by the often painfully slow process of the English Court sending a request for service to the Russian Ministry of Justice, which then sends the English proceedings to the relevant court in the area where the defendant officially resides.

He then referred to articles by Dr F.A. Mann (whose own expertise and reputation in the area were considerable) and Dr E.J. Cohn and pointed out that, from the 19th Century, civil law countries had accepted that a waiver of sovereign immunity by a contract was effective, that the speeches in Duff were obiter and did not constitute a majority and that both Duff and Kahan overlooked the fact that submission in the face of the court was not the only form of valid submission since the introduction of a new Rule in the RSC in 1920 that the English court had jurisdiction to entertain an action where there was a contractual submission.

• Look at the history and purpose of the section, at the English Court of Appeal decision in Attorney - General v. Odell (1906), and at a modern version of the section in Schedule 4 to the English Land Registration Act 2002.

In the UK in 1970 a husband who could not afford legal representation in his divorce proceedings used an Australian barrister, who was not qualified to appear in an English court, to help him.

Lord Glennie followed, though was not bound by, the English Court of Appeal decision in R (B) v Crown Court at Stafford [2006] EWHC 1654 (Admin), [2007] 1 WLR 1524 (that a victim claimant was entitled to notice of an accused's application to see her medical records (Crown Court rules have now been amended to recognise this right)-RRB-.

However, although the English court was prepared to approve this aspect of the settlement, the case — and in particular the terms of the cross-border determination reached between the parties — was controversial.

Re Buccament Bay Resort Ltd; Re Harlequin Property (SVG) Ltd [2014] EWHC 3130 (Ch) Successfully resisted winding - up petitions presented in the English court against SVG companies on the basis that the English court had no jurisdiction where, among other things, most of the companies» assets were in a foreign jurisdiction and the order might prove ineffective (led by Ceri Bryant QC).

AAR chief Stan Polovets praised «Skadden's ability to draw on expertise as to the English court system through to English and Russian corporate law and to international arbitration.»

This is the largest ever Russia - related case to come before the English Court.

For many years, the English court was out of step with much of the rest of the world in disapproving of pre-nuptial agreements, and rarely giving them great weight.

Acting for State parties concerning English court jurisdiction and scope of state immunity in respect of allegations of torture

This case comes hot on the heels of the English Court of Appeal's two recent rulings on parent company liability and jurisdiction in Lungowe and others v. Vedanta and KCM [2017] EWCA (Civ) 1528 (October 2017) and Okpabi and others v Royal Dutch Shell Plc and another [2018] EWCA Civ 191 (Okpabi)(February 2018).

The English court can strike out a party's statement of case where that party is not compliant with a rule, practice, direction or order CPR r 3.4 (2)(c).

The blog is intended to provide a newsfeed of concise, informative case summaries of recent and important English court decisions involving foreign States as litigants.

In his decision to grant summary judgment in favour of the Claimants, in the above named conjoined matters, Mr Justice Eder leaves no room for doubt that judges in England take pre trial conduct very seriously indeed and will regard a «snub» by foreign parties, even public authorities, as a direct offence to the authority of the English court.

The matter came before Mrs Justice Hogg between 29 - 31 July 2014 and it was held that the English Court could not exercise jurisdiction over B as she was not habitually resident here from the date of her removal to Pakistan.

For the purposes of section 103 (5), an «adjournment» means a pause on the English court's decision on enforcement while an application for setting aside or suspension of the award is pending before the court of the country in, or under the law of which, the award was made.

With offshore trusts, there can be difficulty with obtaining disclosure from the trustees or enforcing any order made by the English court.

Lessons from Intesa San Paolo v Regione Piemonte — Dexia Crediop Spa v Regione Piemonte — Message to Foreign Defendants: «Ignore the English Court at your peril!»

It is not the intention of Part III to allow a simple «top up» of a foreign award so that the applicant receives what he or she would have been awarded by an English Court.

However, this does not mean that the English Court could only make an award that was the «minimum necessary to remedy the injustice» which would otherwise occur.

It was enacted to give the English Court the power to grant financial relief after a marriage had been dissolved or annulled overseas.

This was not necessarily because it was a particularly novel situation or judgment; nor because it was the English court's first public approval of predictive coding (although that must have been an important factor).

In the exercise of case management powers, the burden on a defendant who seeks a stay where a plaintiff has founded jurisdiction in this country as of right is particularly significant where the jurisdiction of the English court is founded on a contractual provision.

The decision is particularly good news for an applicant who has «strong» connections with England, who wishes to apply to an English Court for a «top up» order.

It may be that the decision of the Supreme Court would provide some consolation to the party who loses a «jurisdictional race» in that it opens up the possibility of seeking relief from the English Court if the overseas provision is non-existent, or inadequate.

The money which has been stolen (over $ 100m) will become irrecoverable as a consequence of the judgment of the English court.»

Furthermore, in respect of the ownership of shares the court had to consider if this issue fell within the «succession» exception in Art 1 (2)(a) of the Brussels Regulation 44/2001 or Lugano II Convention; if so, did the English court have jurisdiction under the common law?

An English court has recently held that the fact that a defamatory comment has been published online does not mean that anyone has read it.

The Court also ruled that where the conspiracy is made («hatched») in England, the English Court has jurisdiction under the Lugano Convention to try the claim even though the aim of the conspirators was to procure disposals of or dealings with assets located in many other countries.

R. 224, [1968] 1 W.L.R. 636, [1968] 2 All E.R. 115, a decision of the English Court of Appeal (Criminal Division) in which Cusack J. laid down as settled a general rule that the accused should be called before other defence witnesses.

The key consideration for the English court when deciding such applications is the best interests of the children.

The case involved cross examining a lawyer in Ghana by video link on the procedure for a valid customary divorce in Ghanaian Law and the validity of the documents placed before the English Court.

He rejected the Bank's arguments on jurisdiction, but nonetheless held that the English Court did have jurisdiction for as long as the conspiracy was «implemented» from London (ie until Ablyazov fled in February 2012).

The husband argued he had diplomatic immunity (he was exempt from certain laws and taxes granted to diplomats by the state in which they are working) and the English court therefore had no jurisdiction over him.

This is the first case in which an English Court has set aside a public body's contract award decision under the Public Contract Regulations 2006 («the Regulations»).

Appeared (with Gavin Kealey QC) to oppose the defendant's challenge to the jurisdiction of the English court.

We are well - known for our experience in the seeking and obtaining of asset freezing injunctions that affect assets held overseas and we understand exactly how to address the question of enforcement of English court orders abroad.

The English Court will assist you in recovering the children were it can, although the process can be more complex.

Atlas Bulk Shipping A / S v Navios International Inc (2011) Instructed on an appeal to the Court of Appeal concerning rights of set - off under Article 21 of the UNCITRAL Model Law and Cross-Border Insolvency Regulations 2006 and the ability of the English Court to grant additional relief upon recognition of a foreign insolvency proceeding (with Richard Snowden QC).

The case involves a decision in which the English Court of Appeal sharply rejected the practice — adopted and developed in the Family Division over 25 years — of treating the assets of... [more]

Most importantly of all, it requires those contracting states to enforce the judgment of an English court.

The English court will look at the «quality» of the stay at the property.»

Argument: Ms Chai said they had moved their home to Berkhamsted in Hertfordshire (above) before separating and therefore decisions should be made in an English court